Extended Collective Licensing Conference March 2016 Application in different areas: Out-of-Commerce Works (OOC)

● No EU Directive ● Memorandum of Understanding – agreed and signed by authors, publishers, libraries and collective management organisations

Implementation in EU/EFTA countries ● countries, which already implemented OOC into national legislation: France Poland Germany Slovakia Sweden (ECL) ● countries, which are planning to implement OOC regulations: AustriaCzech Republic Italy Luxembourg Switzerland

Implementation in EU/EFTA countries ● countries, in which OOC will not be formally implemented, but will be covered by ECL: Denmark Norway ● the rest of EU/EFTA countries haven’t started any OOC activities yet

Extended Collective Licensing Conference March 2016 Application in different areas: Out-of-Commerce Works (OOC)

Poland ● Polish Copyright Act amended last year includes OOC works; ● ECL rules are implemented, despite the fact that ECL is not included into legislation as an available instrument; ● Only public institutions: archives, educational institutions, universities, research institutes and cultural institutions (incl. libraries) may use OOC works contained in their collections for non-commercial purposes; ● Works published for the first time in Poland before 24th of May, 1994; not apply to translated works; ● CMO is selected by Ministry of Culture via competition for no longer than 5 years; possibility of more than one CMO but they need to act jointly;

Few challenges and some impact on stakeholders All stakeholders: ● ECL like mechanism, which is completely new to the Polish system; regulations inspired by German legislation, difficult to copy to the Polish market; ● designed system will recquire the big level of confidence and trust between CMO and rightsholders; ● not precise definition of the OOC work; For rightholders: ● no obligation for rightholders to make available a work which is defined as OOC and rightholder decided to opt-out from CMO representation; ● need for defined claims’ mechanism; ● private entities - publishers - cannot participate commercialy;

Few challenges and some impact on stakeholders For CMO: ● big responsibility for CMO to define work as OOC without specified necessary instruments or steps, which CMO should use during investigation; ● not fully clear can entitled institutions and rightholders act directly; not via appointed CMO; ● to apply equal and clear remuneration’s conditions CMO will need to apply for tariffs approval to the Committee of Copyright; ● potential claims from non-represented rightsholders;

Extended Collective Licensing Conference March 2016 Application in different areas: Education and Reprography

Poland - general remarks Education: ● broad exceptions for education in Polish law – the legal license for educational institutions, universities and scientific/research institutions; ● ECL will change the above; such change is not likely; Reprography - levies: ● legal license model secures now compensation for all rightholders despite repertoire of CMO; ● potential change to ECL will have more disadvantages than advantages; Reprography – other potential: ● could be consider for newspapers/magazines publishers? ● instrument in a field of enterprises’ and administration’s internal copying;